HomeMy WebLinkAbout20052535.tiff RESOLUTION
RE: APPROVE LEASE AGREEMENT AND AUTHORIZE CHAIR TO SIGN - TRINITY
HOUSING CORPORATION
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a Lease Agreement between the County
of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County,
on behalf of the Department of Human Services, Family Educational Network of Weld County,and
the Trinity Housing Corporation, commencing September 15, 2005,and ending June 5, 2006,with
further terms and conditions being as stated in said agreement, and
WHEREAS,after review,the Board deems it advisable to approve said agreement, a copy
of which is attached hereto and incorporated herein by reference.
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County,Colorado,that the Lease Agreement between the County of Weld,State of Colorado,by and
through the Board of County Commissioners of Weld County, on behalf of the Department of
Human Services, Family Educational Network of Weld County,and the Trinity Housing Corporation
be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said agreement.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 29th day of August, A.D., 2005.
BOARD OF COUNTY COMMISSIONERS
400I .e` WELD COUNTY, COLORADO
ATTEST: �,/'� ` / �J `,EXCUSED
i ° ♦�` illiam H. Jer , Chair
Weld County Clerk to the ti as •1i `eat
V NA��`� �W �� e
tr. Fr -em
^� ♦ ` . J. G ile, Pro-Tem
Deputy Clerk to the Boar. L I EXCUSED
D d ong
3ED AS T M: `ash
Robert D. Masden
ounty Attorney
Glenn Vaa
Date of signature: !S'
2005-2535
(1 : us (1,PaH) H OO 6�s -
MEMORANDUM
DATE: August 11, 2005
ITO: Board of County Commissioners
FROM: Walt Speckman, Executive Director \ 66.^),L7V
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COLORADO SUBJECT: Lease Agreement between FENWC and Trinity Housing
Corporation
Presented for approval before the Weld County Board of County Commissioners is a Lease
Agreement between the Family Educational Network of Weld County's Head Start Program
hereinafter referred to as the "Lessee" and Trinity Housing Corporation hereinafter referred to as
the "Lessor".
The Lessee agrees to pay the "Lessor" $200.00 per month for building space at the Island Grove
Apartments to house a Head Start classroom and $75.00 per month for supplies. The amounts
cover rent, utilities and supplies.
The term of this Agreement shall be from September 19, 2005 through June 5, 2006.
If you have any questions please contact Janet Flaugher, Director, @ 353-3800, ext. 3340.
2005-2535
LEASE AGREEMENT
THIS AGREEMENT, made and entered into this day of August, 2005 by and
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Weld county Division of Human Services'
Family Educational Network of Weld County's Head Start Program hereinafter referred to
as "Lessee" and the Trinity Housing Corporation of Greeley, hereinafter referred to as the
"Lessor".
WITNESSETH
WHEREAS, the Lessor owns the premises known as Island Grove Apartments, located at
119 14th Avenue, Greeley, Colorado, and
WHEREAS, the Lessor desires to lease one room of said building to the lessee for use in
the Head Start Program.
NOW, THEREFORE, In consideration of the mutual covenants contained herein, the
parties hereto agree as follows:
1. The Lessee shall have access to the area described above and agreed to by the
Lessee, between the hours of 7:30 a.m. and 5:00 p.m. Monday through Friday, and
occasional evenings. Lessee will provide to the Lessor a one (1) week advance
notice of any needed occasional evening usage.
2. Rent for said building space shall be in amount of $200.00, and supplies in the
amount of $75.00 per month payable the 1st of every month. The amount covers
the cost of rent, utilities and supplies. The Lessee will submit a bill for the rental of
one room to the Family Educational Network of Weld County, PO Box 1805,
Greeley, Colorado 80632, in December 2005 for three months rent, utilities and
supplies, and again in January 2006 for the balance of the year.
3. The Lessee will provide the costs for the Lessee's telephone installation and
service.
4. The Lessee shall provide janitorial services for the aforementioned building space.
5. The Lessee agrees to keep said building space in as good repair as it was found
upon being occupied by the Lessee. Lessee agrees to pay for all damage caused
by the Lessee not considered to be ordinary wear and tear.
6. The Lessor shall be responsible for all repairs necessary to the exterior and interior
of the building, including, but not limited to, any repairs to sewers, heating units,
appliances wiring, plumbing facilities, doors, windows, door locks, etc., unless
caused by negligence on the part of the Lessee.
c;1O,05.-4°753 s
7. The Lessor shall provide trash removal service.
8. The term of this Agreement shall be from September 19, 2005 through June 5,
2006.
9. The Lessee agrees to maintain liability insurance and provide Lessor with proof of
insurance certificate.
10. The Lessor will not be held liable for any loss of or damage to Lessee's furniture or
equipment placed on the premises.
11. Assurances:
a. The Lessor agrees that it is an independent contractor and that its officers,
employees, and clients do not become employees of Weld County, and
therefore are not entitled to any employee benefits as Weld County
employees, as a result of the execution of this Agreement.
b. FENWC, the Weld County Board of Commissioners, its officers and
employees, shall not be held liable for injuries or damages caused by any
negligent acts or omissions of the Lessor, its employees, volunteers, or
agents while performing this Agreement. The Lessor, its officers and
employees, shall not be held liable for injuries or damages caused by any
negligent acts or omissions of FENWC, or its employees, volunteers, or
agents while performing functions as described in this Agreement. The
Lessor shall provide adequate liability and worker's compensation insurance
for all of its employees, volunteers agents engaged in the performance of this
Agreement, as required by the Colorado Worker's Compensation Act.
Likewise, FENWC, by and through the Board of Weld County
Commissioners, shall provide adequate liability and workers' compensation
insurance for all employees of FENWC engaged in the performance of this
Agreement.
c. No officer, member, or employee of Weld County and no member of their
governing bodies shall have any pecuniary interest, direct or indirect, in the
approved Agreement or the proceeds thereof.
d. The Lessor understands that monitoring and evaluation of the performance
of this Agreement shall be conducted by the Weld County Division of Human
Services and the results provided to the Weld County Board of
Commissioners.
e. The Lessor and FENWC assure compliance with Title VI of the Civil Rights
Act of 1986, and that no person shall, on the grounds of race, creed, color,
sex, handicap, or national origin be excluded from participation in, be denied
the benefits of, or be otherwise subjected to discrimination under the
approved Agreement.
f. No portion of this Agreement shall be deemed to constitute a waiver of any
immunities the parties of their officers or employees may possess, nor shall
any portion of this Agreement be deemed to have created a duty of care with
respect to any persons not a party to this Agreement.
g. No portion of this Agreement shall deemed to created an obligation on the
part of the County of Weld, State of Colorado, to expend funds not otherwise
appropriated in each succeeding year.
13. SEVERABILITY:
If any section, subsection, paragraph, sentence, clause, or phrase of this
Agreement is for any reason held or decided to be unconstitutional, such decision
shall not affect the validity of the remaining portions. The parties hereto declare that
they would have entered into this Agreement and each and every section,
subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact
that any one or more sections, subsections, paragraph, sentences, clauses, or
phrases might be declared to be unconstitutional or invalid.
THE BOARD OF COUNTY COMMISSIONERS TRINITY HOUSING
OF WELD UNTY, COLORADO CORPORATION
Qtitd oak-
M. J. eile, Chairperson Pmtem Di axfield, Agent
AUG 2 9 2005
•
.`2?" �'
� � NTY CLERK TO THE BOARD
N \P A uuty Cle k to the Board
WE C UNTY DIVISION OF HUMAN SERVICES
Walter J. Speckman, Executive Director
x005-x'535
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